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2022-03-07 05:55
The Federal Court issues a clarification regarding the abolition of the "Abu Ragheef" committee
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2022-03-07 05:55
Shafaq News/ The Federal Supreme Court issued a clarification on Monday regarding its decision to cancel the Diwani order to form a permanent committee to investigate corruption cases known as the "Abu Ragheef" committee.
The court said in a statement received by Shafaq News Agency, that it "issued its decision in No. (169/federal/2021) on 2/3/2022, which includes the invalidity of Diwani Order No. (29) issued by the Prime Minister's Office on 08/27/2022 and its cancellation as of The date of the issuance of the aforementioned court’s decision, because the Diwani order violates the provisions of Articles (19, 37, 38, 47, 80, 87, and 88) of the Constitution of the Republic of Iraq, as it violates the principle of separation of powers, and infringes upon human freedom and dignity, and the independence of the judicial authority.
The court also justified its decision that “the Integrity Commission is one of the constitutionally independent bodies under the provisions of Article (102) of the Constitution of the Republic of Iraq, and that the purpose of its existence is to combat corruption and prevent it, and its competencies may not be removed by a Diwani order, because this is an amendment to the Law of the Integrity and Unjust Earning Commission. Project No. (30) for the year 2011, amended.
She pointed out that "one of the reasons for the decision to abolish the committee is that the main factor in combating corruption is the need for a political will to confront it by eradicating its causes and liquidating its effects, and that if corruption is marginal, this indicates the presence of a strong political will that believes in the dignity of the country and the good of the citizen. The spread of corruption indicates the weakness of that will and its inability to build the country properly.
And she added, "The fight against corruption requires assigning high administrative positions to people with competence, integrity, science and experience, away from narrow factional political interests, whereby the public office, in the presence of corruption, turns from a means of managing and serving public affairs, and from being a legal mandate and a sacred national secretariat to a commodity that is traded." To achieve the private interest at the expense of the public interest.
The court affirmed that "seriousness in confronting and combating corruption requires adherence to constitutional and legal rules, respect for the rule of law, and support for all institutions authorized by the constitution and law to combat corruption and prevent its causes."
On March 2, the Federal Court announced that it had ruled that the Diwani Order No. 29 of 2020 regarding the formation of an investigative committee in cases of corruption and important crimes was invalid and canceled.
At the end of August 2020, Prime Minister Mustafa Al-Kazemi formed a committee to “investigate corruption and important crimes” headed by Lieutenant-General Ahmed Abu Ragheef, and the membership of officers from the Ministry of the Interior, the Intelligence and National Security Services, and the Integrity Commission, which was granted wide powers, and the Counter-Terrorism Service was assigned a task Execution of decisions issued by investigative judges or specialized courts in matters relating to the investigation committee in corruption cases, in accordance with the law.
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The court said in a statement received by Shafaq News Agency, that it "issued its decision in No. (169/federal/2021) on 2/3/2022, which includes the invalidity of Diwani Order No. (29) issued by the Prime Minister's Office on 08/27/2022 and its cancellation as of The date of the issuance of the aforementioned court’s decision, because the Diwani order violates the provisions of Articles (19, 37, 38, 47, 80, 87, and 88) of the Constitution of the Republic of Iraq, as it violates the principle of separation of powers, and infringes upon human freedom and dignity, and the independence of the judicial authority.
The court also justified its decision that “the Integrity Commission is one of the constitutionally independent bodies under the provisions of Article (102) of the Constitution of the Republic of Iraq, and that the purpose of its existence is to combat corruption and prevent it, and its competencies may not be removed by a Diwani order, because this is an amendment to the Law of the Integrity and Unjust Earning Commission. Project No. (30) for the year 2011, amended.
She pointed out that "one of the reasons for the decision to abolish the committee is that the main factor in combating corruption is the need for a political will to confront it by eradicating its causes and liquidating its effects, and that if corruption is marginal, this indicates the presence of a strong political will that believes in the dignity of the country and the good of the citizen. The spread of corruption indicates the weakness of that will and its inability to build the country properly.
And she added, "The fight against corruption requires assigning high administrative positions to people with competence, integrity, science and experience, away from narrow factional political interests, whereby the public office, in the presence of corruption, turns from a means of managing and serving public affairs, and from being a legal mandate and a sacred national secretariat to a commodity that is traded." To achieve the private interest at the expense of the public interest.
The court affirmed that "seriousness in confronting and combating corruption requires adherence to constitutional and legal rules, respect for the rule of law, and support for all institutions authorized by the constitution and law to combat corruption and prevent its causes."
On March 2, the Federal Court announced that it had ruled that the Diwani Order No. 29 of 2020 regarding the formation of an investigative committee in cases of corruption and important crimes was invalid and canceled.
At the end of August 2020, Prime Minister Mustafa Al-Kazemi formed a committee to “investigate corruption and important crimes” headed by Lieutenant-General Ahmed Abu Ragheef, and the membership of officers from the Ministry of the Interior, the Intelligence and National Security Services, and the Integrity Commission, which was granted wide powers, and the Counter-Terrorism Service was assigned a task Execution of decisions issued by investigative judges or specialized courts in matters relating to the investigation committee in corruption cases, in accordance with the law.
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